Kentucky

Whenever a person with a seizure condition applies for a driver's license, or applies for a renewal of a driver's license, the individual must present a physician's statement certifying that the condition is controlled by medication and a description of the medications and dosages the person takes. The person must also submit their own statement that they: (1) have been seizure-free for 90 days before the application date, and (2) are taking the prescribed medication. KY. REV. STAT. ANN. § 186.411(1) (2020). A person who does not meet the 90 day seizure-free period or who is not deemed to be qualified to operate a motor vehicle may request a hearing within 20 days.

The submitted medical information is reviewed by the Medical Review Board. Because of the short seizure-free period, restricted or probationary licenses are seldom issued. When a person is notified of a decision to deny or suspend a license, the individual has fifteen days from the date of notification to request an appeal hearing. The hearing is held before the Medical Review Board. KY. REV. STAT. ANN. §186.411(3) (2020). According to information received from the Division of Driver Licensing, when a person is notified that their driving privilege will be suspended because the individual has had a seizure within the last 90 days, the individual will not be eligible for a hearing until after a 90-day suspension period. If a person who has had their license suspended due to a seizure wants to be reinstated, the individual must submit a medical form to the Division of Driver Licensing. If acceptable, the license will be reinstated without a test or fee. If the suspension has been longer than a year, the applicant must take the written and eye test and pay a $40.00 reinstatement fee. A physician who, in good faith, submits any reports, opinions, etc. to the Board may not be subject to civil or criminal liability for providing such information. KY. REV. STAT. ANN. § 186.411(5) (2020).

The Board's decision may be appealed to the circuit court in the county where the individual lives. The appeal may not be filed until fifteen days after the decision but it must be filed before thirty days have passed.

Commercial Driving

Kentucky has adopted the federal Department of Transportation's medical criteria for licensing individuals to drive commercial vehicles intrastate. However, an individual with epilepsy may apply for a waiver if they have been seizure-free for one year, is reliable in taking prescribed medications as determined from blood content levels, and has a clear driving record for the past two years. 601 KY. ADMIN. REGS. 11:040 (2020). Individuals who meet the eligibility requirement for an intrastate commercial driver's license are also eligible to drive taxis and buses. School bus drivers must undergo a medical exam annually, or more frequently at the discretion and expense of the district. 702 KY. ADMIN. REGS. 5:080 (2020).

A person may obtain an identification card, through the circuit court clerk in the county of their residence, to be renewed every four years. KY. REV. STAT. ANN. § 186.412(7)(a) (2020).

There is no provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy to a central state agency.

© 2020 Epilepsy Foundation. All rights reserved. This summary was developed for informational purposes by the Epilepsy Foundation and reflects a review of data available as of August 2020. Information is subject to change. This summary is not a substitute for legal advice. For further information, please consult your state Department of Motor Vehicles.